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S.I. No. 554 of
2007
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EUROPEAN
COMMUNITIES (FOODSTUFFS INTENDED FOR PARTICULAR NUTRITIONAL USES)
(AMENDMENT) REGULATIONS 2007
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Notice of the
making of this Statutory Instrument was published in
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“Iris Oifigiúil”
of 31st July, 2007.
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I, MARY HARNEY,
Minister for Health and Children, in exercise of the powers conferred on me
by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for
the purpose of giving effect to Commission Directive 2007/26/EC 1
of 7 May 2007 amending Directive
2004/6/EC 2 to extend its
period of application, hereby make the following regulations—
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1. (1)
These Regulations may be cited as the European Communities (Foodstuffs
Intended for Particular Nutritional Uses) (Amendment) Regulations 2007.
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(2) These
Regulations and the Principal Regulations may be cited together as the
European Communities (Foodstuffs Intended for Particular Nutritional Uses)
Regulations 2006 and 2007.
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2. In these
Regulations, “Principal Regulations” means the European Communities
(Foodstuffs Intended for Particular Nutritional Uses) Regulations 2006 ( S.I.
No. 579 of 2006 ).
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3. The
Principal Regulations are amended—
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(a) in Regulation 1, by
substituting for paragraph (2) the following paragraph:
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“(2) Subject to Regulation 6A,
these Regulations come into operation on 31 December 2006.”,
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(b) in Regulation 2(1),
by substituting for the definition of “Directives”, the following
definition:
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“ ‘Directives’ mean Council
Directive 89/398/EEC1 of 3 May 1989 on the approximation of the laws of the
Member States relating to foodstuffs intended for particular nutritional
uses as amended by Directive 96/84/EC2 of the European Parliament and of the
Council of 19 December 1996 and Directive 1999/41/EC3 of the European
Parliament and of the Council of 7 June 1999, and Commission Directive
2001/15/EC4 of 15 February 2001 on substances that may be added for specific
nutritional purposes in foods for particular nutritional uses, as amended by
Commission Directive 2004/5/EC5 of 20 January 2004 and Commission Directive
2004/6/EC5A of 20 January 2004 and Commission Directive 2006/34/EC6 of 21
March 2006 and Commission Directive 2007/26/EC7 of 7 May 2007;”
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and by the addition of the following footnotes thereto:
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5A OJ L 15, 22.1.2004, p. 31.
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7 OJ L 118, 8.5.2007, p. 5.
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and
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(c) by inserting after
Regulation 6 the following Regulation:
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“6A. (1) By way of derogation
from Regulation 4, in so far as the requirements of Regulation 5(3) apply,
the placing on the market of products containing the substances listed in
Schedule 3, shall not be prohibited pursuant to the provisions of these Regulations,
provided that:
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(a) the substance in
question was used in the manufacture of one or more foodstuffs for
particular nutritional uses marketed in the Community on 11 February 2004,
and
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(b) the European
Food Safety Authority has not given an unfavourable opinion in respect of
the use of the substance in the manufacture of foodstuffs for particular
nutritional uses to which Directive 2001/15/EC4 of 15 February 2001 applies.
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(2) The derogation granted by
paragraph (1) shall apply until 31 December 2009.”.
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GIVEN under my Official Seal,
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23 July 2007
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MARY HARNEY,
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Minister for Health and Children.
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EXPLANATORY NOTE
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(This note is not part of
the Instrument and does not purport to be a legal interpretation.)
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These Regulations concern
foodstuffs intended for particular nutritional uses. They amend the European
Communities (Foodstuffs Intended for Particular Nutritional Uses)
Regulations 2006 ( S.I. No. 579 of 2006 ).
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These Regulations give effect
to Commission Directive 2007/26/EC, further extending the period of
application of Commission Directive 2004/6/EC which derogates from Directive
2001/15/EC in order to postpone the prohibition of trade to certain
products.
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These Regulations may be
cited as the European Communities (Foodstuffs Intended for Particular
Nutritional Uses) (Amendment) Regulations 2007.
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1 OJ L 118,
8.5.2007, p. 5.
2 OJ L 15,
22.1.2004, p. 31.
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